ASHOK KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 7 OTHERS
TACR/127/2024 · 2025-08-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169735 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169735 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46172 Court No. - 13 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 127 of 2024 Applicant :- Ashok Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 7 Others Counsel for Applicant :- Vipin Kumar Mishra Counsel for Opposite Party :- G.A.,Vaibhav Srivastava Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Vipin Kumar Mishra, learned counsel for the applicants, Shri Mohd. Asif Khan, learned A.G.A.-I for the State, Shri Vaibhav Srivastava, learned counsel for the opposite party Nos.2 to 8 and perused the records. 2. The instant transfer application has been filed by the applicants seeking transfer of S.T. No.198 of 2024, under Sections 147, 148, 308, 323, 325, 452, 504 & 506 I.P.C., P.S. Tarun, District Ayodhya, pending before A.D.J., POCSO II, Faizabad to the competent court of any other District. 3. The submission of learned counsel for the applicants is that the opposite party No.4 is an Advocate practising in District Ayodhya and because of his influence, the trial court is not proceeding with the case and case is being adjourned repeatedly. 4. The aforesaid case instituted on the basis of an F.I.R. lodged by the applicants on 14.06.2022. After investigation, the Investigating Officer has submitted a charge sheet on 08.07.2022 and the trial court took cognizance of the offences on 29.10.2022. 5. Learned counsel for the private opposite parties has
submitted while opposing the application that no undue delay is being caused by the accused persons and charges could not be framed because discharge application filed by some accused persons is pending for disposal before the trial court. He has further submitted that an F.I.R. No.148 of 2022 has been lodged by the opposite party No.4 against ten persons including the applicants and after investigation, the Investigating Officer has submitted a charge sheet in respect of the aforesaid case on 02.07.2022 and the trial court took cognizance for the offences on 01.12.2022. He has submitted that the applicants are causing delay in that case. 6. A supplementary affidavit has been filed on behalf of the applicants stating that charges have been framed in respect of F.I.R. No.148 of 2022 on 13.02.2025. 7.
It appears that the F.I.R.s have been lodged from both the sides against each other, charge sheets have been submitted in respect of both the F.I.R.s and cognizance of offences made out in both the charge sheets have been taken by the trial courts on their behalf. The applicants are not seeking transfer of their case instituted by the opposite party No.4 which shows that the applicants have no apprehension of justice being denied to them because of any influence exercised by the opposite party No.4. In these circumstances, no case for transfer of the trial from District Ayodhya to any other court outside the District is made out. 8. So far as the grievance of the applicants regarding delay in proceedings of the trial is considered, the same appears to be genuine as expeditious disposal of trial is a fundamental right of any accused person. 9. Accordingly, while declining the request for transfer of the
trial of S.T. No.198 of 2024 from Ayodhay to any other State, in exercise of its inherent powers, this Court issues a direction to the competent court to proceed with the aforesaid trial expeditiously without granting any unnecessary adjournments to any of the parties. 10. The transfer application is disposed of accordingly. Order Date :- 7.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench